CLPR discussion on the RTE judgement – 27 April

Earlier this month, the Supreme Court passed a landmark judgment on the constitutional validity of the Right of Children to Free and Compulsory Education Act 2009. The petitions leading to the judgment raised several issues, the chief concern, however, being the imposition of the free education obligation on private unaided schools towards 25% of the class strength consisting of children from disadvantaged and weaker sections. The Court upheld such an obligation under the Act, thereby making a significant development into the horizontal application of the fundamental right to education. However, the Supreme Court’s decision to exclude private minority unaided schools from the applicability of the Act is surprising and raises interesting issues on the nature of minority schools and their obligation towards the fundamental right to quality primary education of children in such schools. The Court’s response to the norms and standards provisions under the Act and their applicability leave room for further discussion on the adequacy of these provisions.

Centre for Law and Policy Research, Bangalore has been a part of the judicial proceedings since the early hearings. The team of CLPR represented Azim Premji Foundation as an intervenor, defending the provisions that obligate private unaided schools under the Act. The judgment highlights certain significant issues on the application of fundamental rights to private actors, the role and status of minority unaided educational institutions and the impact of the RTE Act as a vehicle of quality education in the country.

CLPR is organising a discussion on 27th April 2012 to debate the effect of this judgment on the working of the Act and on access and quality of primary education in the country. It is open to students, practitioners and others interested.